LABOR-CODE-OF-THE-PHILIPPINES-POWER-POINT

LABOR-CODE-OF-THE-PHILIPPINES-POWER-POINT

1. POST-EMPLOYMENT (Labor Code of the Philippines) A.J . UMAYAM

2. TERMINATION OF EMPLOYMENT ART. 294. Security of Tenure. – in cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full back wages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement. ART. 295. Regular and Casual Employment. – the provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season. ART. 296. Probationary Employment. – probationary employment shall not exceed six (6) months from the date of employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated of a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered as a regular employee .

3. TERMINATION OF EMPLOYMENT ART. 297. Termination by Employer. – an employer may terminate an employment for any of the following causes: Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work; Gross and habitual neglect by the employee of his duties; Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative; Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and Other causes analogous to the foregoing.

4. TERMINATION OF EMPLOYMENT ART. 299. Disease as Ground for Termination. – an employer may terminate the services of an employee who is suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.

5. TERMINATION OF EMPLOYMENT ART. 300. Termination by Employee. An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages. An employee may put an end to his relationship without serving any notice on the employer for any of the following just causes: Serious insult by the employer or his representative on the honor and person of the employee; The inhuman and unbearable treatment accorded the employee by the employer or his representative; Commission of a crime or offense by the employer of his representative against the person of the employee or any of the immediate members of his/her family; and Other causes analogous to any of the foregoing.

6. RETIREMENT FROM THE SERVICE ART. 302. Retirement. – any employee may be retired upon reaching the retirement age established in the collective bargaining agreement or other applicable employment contract. In case of retirement, the employee shall be entitled to receive such retirement benefits as he may have earned under existing laws and any collective bargaining agreement and other agreements: Provided however, that an employee’s retirement benefits under any collective bargaining agreement and other agreements shall not be less than those provided therein. In the absence of a retirement plan or agreement providing for retirement benefits of employees in the establishment, an employee upon reaching the age of sixty (60) years or more, but not beyond sixty-five (65) years which is hereby declared the compulsory retirement age, who has served at least five (5) in the said establishment, may retire and shall be entitled to retirement pay equivalent to at least one-half (1/2) month salary for every year of service, a fraction of at least six (6) months being considered as one whole year.

7. BOOK SEVEN: TRANSITORY AND FINAL PROVISIONS

8. PENAL PROVISIONS AND LIABILITIES ART. 303. Penalties. Except as otherwise provided in this code, or unless the acts complained of hinge on a question of interpretation or implementation of ambiguous provisions of an existing collective bargaining agreement, any violation of the provisions of this code declared to be unlawful or penal in nature shall be punished with a fine of not less than One Thousand Pesos (P1,000.00) nor more than Ten Thousand Pesos (P10,000.00), or imprisonment of not less than three months nor more than three years, or both such fine and imprisonment at the discretion of the court. ART. 304. Who are liable when committed by other than natural persons. – if the offense is committed by a corporation, trust firm, partnership, association, or any other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust firm, partnership, association, or entity.

9. PRESCRIPTION OF OFFENSES AND CLAIMS ART. 305. Offenses. – offenses penalized under this code and the rules and regulations issued pursuant thereto shall be prescribed in three (3) years. All unfair labor practices arising from Book V shall be filed with the appropriate agency within one (1) year from accrual of such unfair labor practices; otherwise, they shall be forever barred. ART. 306. Money Claims. – All money claims arising from employer-employee relations accruing the effectivity of this Code shall be filed within three (3) years from the time the cause of action accrued; otherwise, they shall be forever barred. All money claims to accrue before the effectivity of this code shall be filed with the appropriate entities established under this Code within one (1) year from the date of effective, and shall be processed or determined under the implementing rules and regulations of the Code; otherwise, they shall be forever barred.

10. TRANSITORY AND FINAL PROVISION ART. 309. Secretary of Labor to Initiate Integration of Maternity Leave. – within six (6) months after this code take effect, the Secretary of Labor shall initiate such measures as may be necessary for the integration of maternity leave benefits into the Social Security System, in the case of private employment, and the Government Service Insurance System, in the case of public employment. ART. 315. Personnel Whose Services are Terminated. – personnel of agencies or any of their subordinate units whose services are terminated as a result of the implementation of this code shall enjoy the rights and protection provided in Section 5 and 6 of Republic Act number fifty-four hundred and thirty five and such other pertinent laws, rules and regulations. In any case, no lay-off shall be effected until funds to cover the gratuity and/or retirement benefits of those laid off are duly certified as available. ART. 316. Separability Provisions. – if any provision or part of this code, or the application thereof to any person or circumstance, is held invalid, the remainder of this code, or the application of such provision or part to other persons or circumstances shall not be affected thereby.

11. Labor Code of the Philippines is done in the City of Manila in the year of our Lord, nineteen hundred and seventy-four. THANK YOU.